Preview
FILED: DUTCHESS COUNTY CLERK 09/13/2021 02:55 PM INDEX NO. 2021-51440
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
--------------
-----------------------------------------X
JANE DOE -
19240, Index # 2021-51440
Plaintiff, AFFIRMATION IN
SUPPORT
-against-
THE CHILDREN'S HQME OF POUGHKEEPSIE,
Defendants.
-------------------------------------------------------X
BART A. PITTARI, ESQ,, an attorney admitted to practice before the Courts of this State
affirms the truth of the following under the penalty of perjury:
1. I am a partner in the law firm of GREENSTEIN & MILBAUER, LLP, attorneys for
the plaintiff herein, and as such I am fully familiar with the facts and circumstances of this action
based upon a review of the case file and the investigation materials contained therein.
2. This matter involves the sexual abuse of a minor. Plaintiff brings their claim under the
Child Victims Act ("CVA"), CPLR 214-g, and 22 NYCRR §202.72.
3. Pursuant to C.P.L.R. § 2217(b), no prior application has been made to this or any other
Court for the relief requested herein.
Defendants'
4. The negligence caused the Plaintiff to sustain serious and permanent
personal injuries as a result of being sexually abused as a child.
EXHIBIT"A"
5. Plaintiff's Complaint attached hereto as describes in detail the events
surrounding Plaintiff s claims.
6. I respectfully submit this affirmation in support of Plaintiff s motion for an Order,
pursuant to 520.11 of the Rules of the New York State Court of Appeals and 22 N.Y.C.R.R.
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§602.2, for admission pro hac vice to this Court of my colleagues, Sidney Royer, Esq. and Mark
Leemon, Esq. and such other and further relief as the Court may deem just and proper.
7. New York Court Rule § 520.11 contains the prerequisites for admission pro hac vice:
(a) General. An attorney and counselor-at-law or the equivalent who is a member in good
etanÆng of the bar of another state, territory, district or foreign country may be admitted pro hac
vice:
(1) in the discretion of any court of record, to participate in any matter in which the
attorney is employed; or
(2) in the discretion of the Appellate Division, provided applicant is a graduate of an
approved law.school, to advise and represent clients and participate in any matter
during the continvance of the applicant's employment or association with an
organization described in subdivision 7 of section 495 of the Judiciary Law or during
employment with a District Attorney, Corporation Counsel or the Attorney General,
but in no event for longer than 18 months.
8. As outlined in Sidney Royer and Mark Leemon's Affidavits, annexed hereto as
EXHIBIT "B", their qualifications and experience meet the foregoing requirements. As set forth
in their affidavits, Sidney Royer, Esq. and Mark Leemon, Esq. are the partners of the firm of
Leemon & Royer, and are members in good standing ofthe bars of all states that they are admitted
to practice law in. Copies of Sidney Royer's Certificates of Good Standing are annexed as
EXHIBIT "C". Copies of Mark Leemon's Certificates of Good Standing are annexed as
EXHIBIT "D".
9. I have reviewed the Affidavits of Sidney Royer, Esq. and Mark Leemon, Esq. in
support of the motion for admission pro hac vice submitted herewith, and I believe the Affidavits
are true and correct. Sidney Royer and Mark Leemon both possess unique knowledge of the issues
in this litigation such that their involvement is both necessary and beneficial for the orderly and
efficient conduct of this litigation. Furthermore, they are experienced practitioners seeking to
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participate in the ongoing preccedings relating to the above-captioned action and will familiarize
themselves with and abide by all applicable Rules and Codes of the Supreme Court of the State of
New York under my diligent guidance. Finally, their admission will not cause any delay in the
litigation of this matter.
WHEREFORE, based upon the foregoing, itis respectfully requested that this Court issue an
Order admitting Sidney Royer, Esq, and Mark Leemon, Esq. to practice before this Court Pro
Hac Vice for the purposes of participating in this action as counsel for Plaintiff.
Dated: New York, New York
September 13, 2021
Bart A. Pittari
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NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/13/2021
AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
Ivory Coe being duly sworn, deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Bronx County in the State
of New York.
I served a true copy of the annexed
NOTICE OF MOTION & AFFIRMATION IN SUPPORT
on September 13, 2021
In this action, by the New York State Courts Electronic Filing Rules(NYSCEF) and pursuant to
CPLR§2214(b), herein directed to the email address shown below, that being the email addresses
consented and designated by said attorney:
TO: Louis U, Gasparini, Esq.
Carolyn A. Loftus, Esq.
SCHWAB & GASPARINI
Attorney forDefendant(s)
THE CHILDREN'S HOME OF POUGHKEEPSIE
1441 Route 22,Suite 206
Brewster NY 10509
(914) 304-4353
FileNo.: 138.003
Email: lgasparini@lynchschwab.com: clchs@lynchschwab.com
Marissa Radovano, Esq.
MORRIS DUFFY ALONSO & FALEY
Attorney forDefendant(s)
COUNTY OF DUTCHESS
101 22nd
Greenwich Street, FlOOr
New York NY 10006
(212) 766-1888
FileNo.: (TRI) 72579
Email: moadovano@mdafny.com
Ivory C e
Sworn to before me Septembe 13
. St- tH MILBAUER
Notary Pubhe Stateof New York
Notary Public,
Registration # 02M!S011398
Qualifiedin Westdmwr Goun
Comrnission ExpiresApril19, 20
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Preview
FILED: DUTCHESS COUNTY CLERK 09/13/2021 02:55 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS -------------- -----------------------------------------X JANE DOE - 19240, Index # 2021-51440 Plaintiff, AFFIRMATION IN SUPPORT -against- THE CHILDREN'S HQME OF POUGHKEEPSIE, Defendants. -------------------------------------------------------X BART A. PITTARI, ESQ,, an attorney admitted to practice before the Courts of this State affirms the truth of the following under the penalty of perjury: 1. I am a partner in the law firm of GREENSTEIN & MILBAUER, LLP, attorneys for the plaintiff herein, and as such I am fully familiar with the facts and circumstances of this action based upon a review of the case file and the investigation materials contained therein. 2. This matter involves the sexual abuse of a minor. Plaintiff brings their claim under the Child Victims Act ("CVA"), CPLR 214-g, and 22 NYCRR §202.72. 3. Pursuant to C.P.L.R. § 2217(b), no prior application has been made to this or any other Court for the relief requested herein. Defendants' 4. The negligence caused the Plaintiff to sustain serious and permanent personal injuries as a result of being sexually abused as a child. EXHIBIT"A" 5. Plaintiff's Complaint attached hereto as describes in detail the events surrounding Plaintiff s claims. 6. I respectfully submit this affirmation in support of Plaintiff s motion for an Order, pursuant to 520.11 of the Rules of the New York State Court of Appeals and 22 N.Y.C.R.R. 1 of 4 FILED: DUTCHESS COUNTY CLERK 09/13/2021 02:55 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/13/2021 §602.2, for admission pro hac vice to this Court of my colleagues, Sidney Royer, Esq. and Mark Leemon, Esq. and such other and further relief as the Court may deem just and proper. 7. New York Court Rule § 520.11 contains the prerequisites for admission pro hac vice: (a) General. An attorney and counselor-at-law or the equivalent who is a member in good etanÆng of the bar of another state, territory, district or foreign country may be admitted pro hac vice: (1) in the discretion of any court of record, to participate in any matter in which the attorney is employed; or (2) in the discretion of the Appellate Division, provided applicant is a graduate of an approved law.school, to advise and represent clients and participate in any matter during the continvance of the applicant's employment or association with an organization described in subdivision 7 of section 495 of the Judiciary Law or during employment with a District Attorney, Corporation Counsel or the Attorney General, but in no event for longer than 18 months. 8. As outlined in Sidney Royer and Mark Leemon's Affidavits, annexed hereto as EXHIBIT "B", their qualifications and experience meet the foregoing requirements. As set forth in their affidavits, Sidney Royer, Esq. and Mark Leemon, Esq. are the partners of the firm of Leemon & Royer, and are members in good standing ofthe bars of all states that they are admitted to practice law in. Copies of Sidney Royer's Certificates of Good Standing are annexed as EXHIBIT "C". Copies of Mark Leemon's Certificates of Good Standing are annexed as EXHIBIT "D". 9. I have reviewed the Affidavits of Sidney Royer, Esq. and Mark Leemon, Esq. in support of the motion for admission pro hac vice submitted herewith, and I believe the Affidavits are true and correct. Sidney Royer and Mark Leemon both possess unique knowledge of the issues in this litigation such that their involvement is both necessary and beneficial for the orderly and efficient conduct of this litigation. Furthermore, they are experienced practitioners seeking to 2 of 4 FILED: DUTCHESS COUNTY CLERK 09/13/2021 02:55 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/13/2021 participate in the ongoing preccedings relating to the above-captioned action and will familiarize themselves with and abide by all applicable Rules and Codes of the Supreme Court of the State of New York under my diligent guidance. Finally, their admission will not cause any delay in the litigation of this matter. WHEREFORE, based upon the foregoing, itis respectfully requested that this Court issue an Order admitting Sidney Royer, Esq, and Mark Leemon, Esq. to practice before this Court Pro Hac Vice for the purposes of participating in this action as counsel for Plaintiff. Dated: New York, New York September 13, 2021 Bart A. Pittari 3 of 4 FILED: DUTCHESS COUNTY CLERK 09/13/2021 02:55 PM INDEX NO. 2021-51440 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 09/13/2021 AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NEW YORK ss.: Ivory Coe being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Bronx County in the State of New York. I served a true copy of the annexed NOTICE OF MOTION & AFFIRMATION IN SUPPORT on September 13, 2021 In this action, by the New York State Courts Electronic Filing Rules(NYSCEF) and pursuant to CPLR§2214(b), herein directed to the email address shown below, that being the email addresses consented and designated by said attorney: TO: Louis U, Gasparini, Esq. Carolyn A. Loftus, Esq. SCHWAB & GASPARINI Attorney forDefendant(s) THE CHILDREN'S HOME OF POUGHKEEPSIE 1441 Route 22,Suite 206 Brewster NY 10509 (914) 304-4353 FileNo.: 138.003 Email: lgasparini@lynchschwab.com: clchs@lynchschwab.com Marissa Radovano, Esq. MORRIS DUFFY ALONSO & FALEY Attorney forDefendant(s) COUNTY OF DUTCHESS 101 22nd Greenwich Street, FlOOr New York NY 10006 (212) 766-1888 FileNo.: (TRI) 72579 Email: moadovano@mdafny.com Ivory C e Sworn to before me Septembe 13 . St- tH MILBAUER Notary Pubhe Stateof New York Notary Public, Registration # 02M!S011398 Qualifiedin Westdmwr Goun Comrnission ExpiresApril19, 20 4 of 4